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Coronavirus Reporter v. Apple, Inc.
Plaintiffs failed to state antitrust claim arising from Apple's rejection of their apps for distribution through the App Store, because they did not sufficiently allege a plausible relevant market.
Antitrust 9th Nov. 6, 2023
Mattson Technology v. Applied Materials
Trial court should have stayed proceeding until completion of arbitration when common factual questions as to misappropriation of trade secret activities existed as to both former employee and competitor defendants.
Civil Procedure 1DCA/5 Nov. 3, 2023
Modification: People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements.
Criminal Law and Procedure 1DCA/1 Nov. 3, 2023
People v. Flores
Defendant convicted of provocative act murder was ineligible for resentencing because the theory of provocative act murder was unchanged by the elimination of participation-based imputed malice theories.
Criminal Law and Procedure 4DCA/1 Nov. 3, 2023
Hanagami v. Epic Games, Inc.
Choreographer plausibly alleged claim for copyright infringement of his selection and arrangement of dance moves.
Copyright 9th Nov. 2, 2023
Zachary H. v. Teri A.
Son's domestic violence restraining order against his mother was properly supported by testimony that she attempted to run him over with her car and threaten him via e-mail.
Family Law 4DCA/1 Nov. 2, 2023
Western Towboat Co. v. Vigor Marine LLC
A "Hold Harmless" provision in parties' Tow Agreement did not apply to shipyard's non-reimbursed deductible for third-party liability because it only held harmless for injury to their own property.
Maritime Law 9th Nov. 1, 2023
Camenzind v. California Exposition & State Fair
Under the California Speech Clause, free speech activities may be limited at a private event requiring a ticket for entrance even though it was held within a publicly-owned venue.
Constitutional Law 9th Nov. 1, 2023
Yes In My Back Yard v. City of Culver City
City ordinance reducing the floor area ratio of single-family residences violated the express language of the Housing Crisis Act.
Government 2DCA/4 Oct. 31, 2023
Tedesco v. White
Sanctions were justified when subpoena request was overbroad, a misuse of the discovery process, and essentially just a fishing expedition to look for some unknown financial misconduct.
Civil Procedure 4DCA/3 Oct. 31, 2023
King v. Brownback
Order
USSC Oct. 31, 2023
Isaacson v. Mayes
Physician plaintiffs demonstrated both actual and imminent injuries sufficient for standing in action alleging that Arizona law criminalizing the performance of certain abortions is unconstitutionally vague.
Constitutional Law 9th Oct. 31, 2023
People v. Medrano
Defendant could not bring a second Section 1172.6 resentencing petition because, under the law of the case doctrine, there was no new evidence that would have affected the earlier opinion.
Criminal Law and Procedure 2DCA/6 Oct. 31, 2023
Tak Chun Gaming Promotion Company Limited v. Long
California's well-established, extensive public policy against gambling indebtedness prevented foreign entity's attempt to use California court to enforce gambling debt.
Gaming 2DCA/2 Oct. 30, 2023
Jones v. Ford Motor Company
An invasion of privacy, without more, is insufficient to meet the statutory injury requirements of the Washington Privacy Act.
Torts 9th Oct. 30, 2023
Sonoma Luxury Resort v. California Regional Water Quality Control Bd.
Failure to file timely mandamus petition seeking judicial review of regional water quality control board decision meant the decision was statutorily not subject to judicial review for any reason.
Administrative Agencies 1DCA/4 Oct. 27, 2023
Summerfield v. City of Inglewood
Inglewood did not create "dangerous condition" in Darby Park parking lot by failing to install security cameras because the absence of cameras did not create a substantial risk of being shot.
Municipal Law 2DCA/8 Oct. 27, 2023
People v. LaRoche
Though plaintiff's economic loss included cost of allegedly stolen, irreplaceable object, it did not include the cost of obtaining that item.
Criminal Law and Procedure 3DCA Oct. 27, 2023
People v. Hupp
A judge is not an "executive officer" within the meaning of Penal Code Section 69, which makes it a crime to attempt to deter, by means of any threat, an executive officer from performing a legal duty.
Criminal Law and Procedure 4DCA/2 Oct. 27, 2023
Snoeck v. ExakTime Innovations
Trial court had discretion and did not err in reducing attorney fees because of attorney's incivility.
Attorneys 2DCA/3 Oct. 27, 2023
Modification: Boyd v. Central Coast Community Energy
Electricity rates charged by government entity fell within one of the enumerated exceptions to the constitutional requirement that voters approve new or increased taxes.
Constitutional Law 6DCA Oct. 27, 2023
West Flagler Associates, Ltd. v. Haaland
Order
USSC Oct. 27, 2023
Amended Opinion: No on E v. David Chiu
San Francisco ordinance requiring political groups identify top contributors in advertisements did not violate First Amendment because it was narrowly tailored to accomplish the important governmental interest of providing voters information.
Constitutional Law 9th Oct. 27, 2023
McDermott v. Johnson
Denial of plaintiff's habeas petition for prosecutorial misconduct after prosecutor invoked the Bible during penanlty closing arguments was upheld because there was no clearly established precedent that was violated.
Civil Rights 9th Oct. 27, 2023
People v. Ponder
Criminal defendant was not entitled to dismissal of sentence enhancement despite evidence of mitigating circumstances where trial court weighed those factors but determined dismissal was not in furtherance of justice.
Criminal Law and Procedure 1DCA/2 Oct. 27, 2023
Snowball West Investments v. City of Los Angeles
Government Code section 65589.5(j)(4) (Housing Accountability Act exemption) did not exempt developer's project from the requirement of a zone change.
Municipal Law 2DCA/4 Oct. 27, 2023
People v. Shah
Because victims of crime have a constitutional right to restitution, trial court still had jurisdiction to levy fraudulently obtained property even eight years after defrauder's original sentencing.
Criminal Law and Procedure 1DCA/2 Oct. 26, 2023
The Irvine Co. v. Superior Court (Demirelli)
Defendant parking structure's retention of security services did not create a duty to plaintiff who fell off the structure while intoxicated.
Torts 4DCA/3 Oct. 26, 2023
People v. Das
Trial court improperly denied defendant's Penal Code Section 1172.6(a) resentencing petition without a hearing because defendant did not stipulate that he acted with the intent to kill in his plea.
Criminal Law and Procedure 3DCA Oct. 26, 2023
DeFiore v. SOC LLC
Private security contractors satisfied federal officer removal statute by alleging they were agents of the Department of Defense and that plaintiffs' claims were based on acts discharging their official duties.
Civil Procedure 9th Oct. 26, 2023